Printer FriendlySenate Health and Human Services Minutes 1/23/2011 10:00 AM
87th Legislative Session _ 2012
Committee: Senate Health and Human Services
Monday, January 23, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Bradford
E Holien
P Krebs
P Rampelberg
P Schlekeway
P Kraus, Vice-Chair
P Hunhoff (Jean), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senate Jean Hunhoff, Chair.
MOTION: TO APPROVE THE MINUTES OF FRIDAY, JANUARY 20, 2012
Moved by: Krebs
Second by: Schlekeway
Action: Prevailed by voice vote.
CONFIRMATION OF THE APPOINTMENT OF LAURIE GILL, SECRETARY,
DEPARTMENT OF HUMAN SERVICES:
Deb Bowman, Office of the Governor
Laurie Gill, Secretary, Department of Human Services
MOTION: CONFIRM APPOINTMENT OF LAURIE GILL OF HUGHES COUNTY,
SOUTH DAKOTA, TO THE POSITION OF SECRETARY OF THE
DEPARTMENT OF HUMAN SERVICES
Moved by: Kraus
Second by: Krebs
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Holien
SB 14: revise certain provisions regarding alcohol or drug commitments.
Presented by: Representative Nick Moser
Proponents: Lynne Valenti, Department of Social Services (Handout: 1)
Terrance Dosch, SD Council of Substance Abuse Directors
SD Council of Mental Health Centers
Dr. Matthew Stanley, Self, Sioux Falls (Teleconference)
Deb Fischer Clemens, Avera Health
MOTION: DO PASS SB 14
Moved by: Kraus
Second by: Schlekeway
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Holien
SB 15: revise certain provisions related to the treatment of persons with mental
illness, including consent to treatment.
Presented by: Lynne Valenti, Department of Social Services
Proponents: Dr. Matthew Stanley, Self, Sioux Falls (Teleconference)
Dick Tieszen, SD Sheriffs
Scott Peters, Minnehaha County, Sioux Falls
Terrance Dosch, SD Council of Substance Abuse Directors
SD Council of Mental Health Centers
Deb Fischer Clemens, Avera Health
MOTION: AMEND SB 15
15ja
On page 18, line 1, of the printed bill, after "." insert "Any law enforcement officer who in
good faith performs any act of taking custodial charge, transportation, delivery, or other commitment
procedure at the request of or direction of another under the provisions of this Act is immune from
any civil liability that might otherwise be incurred or imposed. The immunity from civil liability
under this section does not apply if a resulting injury was due to willful or wanton misconduct.".
Moved by: Schlekeway
Second by: Krebs
Action: Was not acted on.
MOTION: AMEND SB 15
15jb
On page 11, line 19, of the printed bill, delete "§ 27A-8-18 or §§ 27A-8-2 and" and insert
"§ 27A-8-18 or section 13 of this Act and §".
Moved by: Krebs
Second by: Schlekeway
Action: Was not acted on.
MOTION: AMEND SB 15
15jb
On page 11, line 19, of the printed bill, delete "§ 27A-8-18 or §§ 27A-8-2 and" and insert
"§ 27A-8-18 or section 13 of this Act and §".
Moved by: Krebs
Second by: Schlekeway
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Holien
MOTION: AMEND SB 15
15ja
On page 18, line 1, of the printed bill, after "." insert "Any law enforcement officer who in
good faith performs any act of taking custodial charge, transportation, delivery, or other commitment
procedure at the request of or direction of another under the provisions of this Act is immune from
any civil liability that might otherwise be incurred or imposed. The immunity from civil liability
under this section does not apply if a resulting injury was due to willful or wanton misconduct.".
Moved by: Schlekeway
Second by: Rampelberg
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Voting No: Bradford
Excused: Holien
MOTION: DO PASS SB 15 AS AMENDED
Moved by: Kraus
Second by: Rampelberg
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Krebs, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Holien
SB 23: place certain substances on the controlled substances schedule and to declare
an emergency.
Presented by: Tom Martinec, Department of Health
Proponents: Darin Peanrau, Self, Spearfish
Marty Jackley, Office of the Attorney General
Greg Vandekamp, City of Sioux Falls, Sioux Falls
Paul Bachand, SD State's Attorneys Association
Terrance Dosch, SD Council of Substance Abuse Directors
SD Council of Mental Health Centers
Karen Buhl, Self, Pierre
MOTION: AMEND SB 23
23ja
On page 3, line 9, of the printed bill, after "Cathinone" insert "
and other variations, defined as
any compound, material, mixture, preparation or other product unless listed in another schedule or
an approved FDA drug (e.g. buproprion, pyrovalerone), structurally derived from
2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring
systems, whether or not the compound is further modified in any of the following ways:
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the
ring system by one or more other univalent substitutents;
(b) By substitution at the 3-position with an acyclic alkyl substituent;
(c) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups or by inclusion of the 2-amino nitrogen atom in a cyclic
structure.
Some trade or other names: methcathinone, 4-methyl-N-methylcathinone (mephedrone);
3,4-methylenedioxy-N-methylcathinone (methylone); 3,4-methylenedioxypyrovalerone
(MDPV); Naphthylpyrovalerone (naphyrone); 4-flouromethcathinone (flephedrone);
4-methoxymethcathinone (methedrone; Bk-PMMA); Ethcathinone (N-Ethylcathinone);
3,4-methylenedioxyethcathinone (ethylone);
Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (butylone); N,N-dimethylcathinone
(metamfepramone); Alpha-pyrrolidinopropiophenone (alpha-PPP);
4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP);
3,4-methylenedioxyalphapyrrolidinopropiophenone (MDPPP);
Alpha-pyrrolidinovalerophenone (alpha-PVP); 3-fluoromethcathinone;
4'-Methyl-?-pyrrolidinobutiophenone (MPBP)".
On page 3, line 10, overstrike everything after "(38)" .
On page 3, line 11, overstrike "(39)".
On page 3, line 12, overstrike "(40)" and insert "(39)".
On page 3, line 13, overstrike "(41)" and insert "(40)".
On page 3, line 14, overstrike "(42)" and insert "(41)".
On page 3, line 15, overstrike "(43)" and insert "(42)".
On page 3, line 16, overstrike "(44)" and insert "(43)".
On page 3, line 17, overstrike "(45)" and insert "(44)".
On page 3, delete lines 18 to 24, inclusive, and insert:
"
(46)(45) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(47) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
(48) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
(49) 1-Butyl-3-(1-naphthoyl)indole;
(46) Synthetic cannabinoids. Any material, compound, mixture, or preparation that is not listed
as a controlled substance in another schedule, is not an FDA-approved drug, and contains
any quantity of the following substances, their salts, isomers (whether optical, positional,
or geometric), homologues, and salts of isomers and homologues, unless specifically
excepted, whenever the existence of these salts, isomers, homologues, and salts of
isomers and homologues is possible within the specific chemical designation:
(a) Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure
with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the naphthyl ring to any extent.
Some trade or other names: JWH-015; 1-pentyl-3-(1-naphthoyl)indole (JWH-018);
1-hexyl-3-(1-naphthoyl)indole (JWH-019); 1-butyl-3-(1-naphthoyl)indole
(JWH-073); 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); JWH-210;
JWH-398; 1-pentyl-3-(1-naphthoyl)indole (AM-678);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); WIN 55-212;
(b) Naphthylmethylindoles. Any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
further substituted in the indole ring to any extent and whether or not substituted
in the naphthyl ring to any extent;
(c) Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure
with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl ring to any extent.
Some trade or other names: 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole
(SR-18); 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8);
1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
(d) Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl ring to any extent.
Some trade or other names: 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19); Pravadoline (WIN 48,098);
1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4);
(e) Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure
with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring
to any extent and whether or not substituted in the naphthyl ring to any extent.
Some trade or other names: JWH-307;
(f) Naphthylmethylindenes. Any compound containing a naphthylideneindene
structure with substitution at the 3-position of the indene ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
further substituted in the indene ring to any extent and whether or not substituted
in the naphthyl ring to any extent;
(g) Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol
structure with substitution at the 5-position of the phenolic ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not
substituted in the cyclohexyl ring to any extent.
Some trade or other names:
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47, 497 and
homologues, which includes C8); cannabicyclohexanol;
(h) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names:
HU-210;
(i) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone. Some trade or other names: WIN 55, 212-2;
(47) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI);
(48) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(49) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(50) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(51) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(52) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(53) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
(54) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(55) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); and
(56) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)".
On page 4, delete lines 1 to 5, inclusive, and insert:
"
(50) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole; and
(51) 1-Pentyl-3-(1-naphthoyl)indole.".
On page 7, delete line 20, and insert:
"
(46) Ezogabine,[N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester],".
Moved by: Kraus
Second by: Krebs
Action: Was not acted on.
MOTION: ADJOURN
Moved by: Kraus
Second by: Rampelberg
Action: Prevailed by voice vote.
Cindy Louder
____________________________
Committee Secretary
Jean M. Hunhoff, Chair
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